Florida Telephone Solicitation Act (FTSA): 2026 Guide
If one state shaped telemarketing litigation in the 2020s, it's Florida. The Florida Telephone Solicitation Act (FTSA) — often called Florida's "mini-TCPA" — gave consumers their own right to sue over unwanted sales calls and texts, and in the years after it was expanded, it became one of the most litigated consumer statutes in the country. Florida also has its own Do Not Call list, stricter calling hours than federal law, and a licensing requirement for telemarketers.
This guide explains what the FTSA requires today, what changed with the 2023 amendments, and how to call or text Florida numbers without becoming the next case.
What the FTSA covers
The FTSA applies to telephone sales calls, which include unsolicited calls and text messages made to sell or rent goods or services, or to obtain money in exchange for goods or services. It protects people with Florida numbers and Florida residents, so it applies to callers outside the state, including offshore call centers.
Florida is unusual in combining four separate obligations:
- Consent rules for automated calls and texts (the part most lawsuits are about).
- Calling hours and frequency limits.
- The Florida Do Not Call list.
- Telemarketer licensing under the separate Florida Telemarketing Act.
Consent for automated calls and texts
The FTSA prohibits telephone sales calls that use an automated system for the selection and dialing of telephone numbers, or that play a recorded message, without the called party's prior express written consent.
What changed in 2023
After a wave of lawsuits over ordinary marketing texts, Florida amended the FTSA in 2023:
- A narrower definition of autodialer. The law now targets an "automated system for the selection and dialing of telephone numbers", closer to the federal standard, rather than any system that selects or dials automatically.
- Notice and cure for texts. Before suing over unsolicited marketing texts, a consumer must reply "STOP". The sender then has 15 days to stop texting. Only if texts continue after that can the consumer sue.
- Clearer consent rules. Prior express written consent can be given with an electronic signature, including a checkbox, as long as it meets the statute's requirements.
These changes reduced text-message litigation, but they didn't remove the risk for calls. There's no notice-and-cure step for voice calls.
What prior express written consent requires
A written agreement, signed by the consumer, that clearly authorizes the seller to make telephone sales calls (including automated ones) to a specific number, and that states the consent isn't a condition of purchase. Keep the record, including the page or form the consumer saw.
Calling hours and the three-call limit
The FTSA is stricter than federal law on timing:
| Rule | Federal TCPA | Florida FTSA |
|---|---|---|
| Calling window | 8 a.m. – 9 p.m. | 8 a.m. – 8 p.m. |
| Calls per day | No federal limit | No more than 3 calls in 24 hours to the same person on the same subject |
| Time zone | Recipient's local time | Recipient's local time |
The 24-hour, three-call limit catches dialers that retry unanswered leads aggressively. Configure retry rules per state, not just globally. Remember that Florida's western Panhandle is on Central time; the rest of the state is on Eastern. Our free calling-time checker shows the correct window for any Florida number.
Caller ID
Telephone sellers calling Florida must not hide or spoof caller ID. The number shown must be one the consumer can call back to reach the seller. This mirrors the federal rule and the Truth in Caller ID Act, but Florida plaintiffs can raise it under state law.
The Florida Do Not Call list
Florida maintains its own Do Not Call list, separate from the National Do Not Call Registry. Telephone solicitors must not call numbers on it unless an exemption applies, such as an existing business relationship or the consumer's request.
Practical point: scrubbing only against the federal registry isn't enough for Florida. Check the state list too. Our guide to which states have their own DNC list covers the others.
Telemarketer licensing
Separate from the FTSA, the Florida Telemarketing Act requires most commercial telephone sellers calling Floridians to be licensed with the Florida Department of Agriculture and Consumer Services, usually with a bond. There are exemptions (for example, some businesses with retail locations, and certain regulated industries), so check whether yours applies. See telemarketing registration by state.
Damages and why the FTSA attracts lawsuits
The FTSA provides $500 in statutory damages per violation, which a court can triple to $1,500 for willful or knowing violations, plus attorney's fees. Because claims can be brought as class actions, a single campaign to Florida numbers can produce very large exposure.
A Florida compliance checklist
- Get prior express written consent before any automated sales call or text to Florida numbers
- Store the consent record with the form, wording, date and source
- Scrub against the Florida DNC list as well as the national registry
- Stop dialing at 8 p.m. local time, Eastern or Central
- Cap attempts at three per person per 24 hours on the same subject
- Honor STOP replies to texts immediately, not after 15 days
- Display a caller ID the consumer can call back
- Check whether you need a Florida telemarketing license
- Scrub against known TCPA litigators before every campaign
Florida, Oklahoma and other mini-TCPAs
Other states have copied parts of the Florida model. Oklahoma's Telephone Solicitation Act is closely based on the original FTSA, without the 2023 changes, and Maryland has its own similar rules. If you call nationally, the simplest approach is to build your dialing rules around the strictest states: 8 p.m. finish, three attempts per day, written consent for anything automated.
Carrier Fence scrub reports show each number's state, time zone and calling hours, so Florida, Oklahoma and Maryland numbers can be routed to stricter dialing rules automatically. Try it with 500 free coins.
A worked example: one Florida lead
A consumer in Pensacola fills out a home-insurance quote form at 7:40 p.m. Central time. The form names the agency and includes written consent for calls and texts, including automated ones.
- Can the agency call right away? Yes — 7:40 p.m. Central is before Florida's 8 p.m. cut-off, but there are only 20 minutes left. If the agent can't reach the consumer by 8 p.m., the next legal call is 8 a.m. the following morning.
- How many tries? No more than three telephone sales calls about home insurance in any 24 hours.
- Can they text a quote link? With the written consent on file, yes. If the consumer replies STOP, texting stops immediately.
- What if the number were on the Florida DNC list? The written consent from the quote form covers this agency, so the call is permitted. Without it, the agency would need another exemption.
Note that Pensacola is in the Panhandle's Central time zone. Using Eastern time for every Florida number would mean calling western Florida an hour early in the morning — and cutting off an hour early in the evening.
Common FTSA myths
| Myth | Reality |
|---|---|
| "The 2023 changes ended FTSA lawsuits." | They narrowed text-message claims. Voice-call claims under the FTSA are still brought. |
| "The 15-day rule gives senders 15 days to stop." | It's a waiting period before the consumer can sue. Stop when asked. |
| "Florida follows federal calling hours." | Florida ends at 8 p.m., not 9 p.m. |
| "Federal DNC scrubbing covers Florida." | Florida has its own list too. |
| "Florida is all Eastern time." | The western Panhandle is on Central time. |
Key terms
- FTSA: the Florida Telephone Solicitation Act, section 501.059 of the Florida Statutes.
- Telephone sales call: a call or text to sell goods or services, or to obtain money in exchange for them.
- Prior express written consent: a signed agreement authorizing automated sales calls or texts to a specific number.
- Notice and cure: the 2023 rule requiring a STOP reply and a 15-day wait before suing over texts.
- Florida Telemarketing Act: the separate law requiring most commercial telephone sellers to be licensed.
Frequently asked questions
What is the Florida Telephone Solicitation Act?
Florida's state telemarketing law, often called the Florida mini-TCPA. It requires prior express written consent for automated sales calls and texts, limits calling hours and frequency, and lets consumers sue for $500 per violation, or up to $1,500 if willful.
What are the legal calling hours in Florida?
Telephone sales calls are allowed from 8 a.m. to 8 p.m. in the recipient's local time, an hour shorter than the federal 9 p.m. limit.
How many times can a telemarketer call in Florida?
No more than three telephone sales calls to the same person about the same subject in any 24-hour period.
Do I have to wait 15 days after a STOP request in Florida?
No. The 15-day period is the time a consumer must wait before suing over texts; it isn't a grace period for the sender. Best practice, and federal rules, require honoring opt-outs promptly.
Does Florida have its own Do Not Call list?
Yes. Florida maintains a state Do Not Call list separate from the National Do Not Call Registry, and telephone solicitors must scrub against both.
This article is general information, not legal advice. Florida law has changed several times in recent years; confirm current requirements with counsel.